When it comes to trucking accidents, who is responsible?

The number of trucking accidents has increased significantly over the last two decades. Federal laws and regulations govern the trucking industry. These laws establish standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. More info can be found here.


When it comes to trucking accidents there are a host of players who may be responsible for a victims injuries and damages including the following:

1. The driver of the truck – sometimes the driver is not an employee of the company who owns the truck or leases the truck but rather is an independent contractor. It is important to identify who the driver is working for as soon as possible.

2. The owner of the truck.

3. The individual or company that may have leased the truck from the owner.

4. The manufacturer of the truck’s brakes or any other defective part that may have caused or contributed to the collision.

5. The shipper or loader of the truck’s cargo in collisions involving improper loading.

In order to avoid liability trucking companies typically create distance between themselves and the driver, the truck and the equipment. The trucking company might argue that the driver was not the trucking company’s employee, so the trucking company is not liable for the driver’s negligence.

The trucking, hauling, and leasing companies often argue amongst themselves over whose insurance will compensate the victim. For instance, the trucking company might claim that the accident was caused by defective tires or brakes. In turn, the tire or brake company might claim that the leasing company failed to maintain the tires or brakes in good working order.

Trucking cases are extremely complex and it is best to hire an experienced trucking accident lawyer to handle your case. My office has litigated numerous trucking accident cases and I would like to help you. If you or a loved one has been the victim of a trucking accident, contact the Sacramento Trucking Accident Attorneys at the Edward A Smith Law Offices for a free consultation at 916-921-6400, You can also find us on Yelp.

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